Legal Question in Family Law in India
I am living separately from my wife last 12years due to her ill behaviours and harrassments to my old parents then. I filed up a divorce which has been lingering in court here . Tactical delays by opponents and favour to ladies. In process I quit my job. Came back to my home town and started a business. Loans grew slowly and now its out off control. My wife is a teacher and earning well. Still court forces me to pay for child maintenence. And till date things were well. But she ask for enhancements. Can I ask for a relief till I am out of loans ? Will I get my divorce if the final evidence of a person is over in coming date ?
4 Answers from Attorneys
Yes you can. If you prove that your income is lesser or you have no income while your wife earns high salary, you can ask the court to set aside the maintainance order.
in case she is asking for maintenance for child and not for herself, it is justifiable for the court to enhance maintenance of the child due to rising expenses. loans are separate and maintenance of your child is separate.
since you are already facing litigation for the last 12 years, it may be better to follow your local lawyer's advice.
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